Roe Is the Issue; There Is No Other Issue
By Bryan Fischer
President Trump has promised to identify his next nominee to the Supreme Court on July 9. Mitch McConnell has promised to give the president a vote on his nominee before the fall elections.
Abortion is the only issue on the table. Everybody – including the nominee himself (used generically) – might say otherwise, but they won’t fool anybody. The question that is at the front of everyone’s mind is whether the nominee will reverse Roe v. Wade if given the chance.
And in reality, this is the only issue that matters. For if a justice gets it right on Roe, he’ll get it right on everything else. If he gets it wrong on Roe, he’ll get it wrong on most everything else.
The United States is running out of time to deal with our second major national sin, after slavery. If we do not fix this while we have the opportunity, we will fall under the judgment of God, and He will not be kind to us. We have the blood of 60 million innocent babies on our hands, and that’s all that God sees when we lift our hands to him in prayer. “Even though you make many prayers, I will not listen; your hands are full of blood” (Isaiah 1:15).
If we continue to legalize this butchery, the land will soon vomit us out, as it vomited out the ancient Canaanites. “You shall keep my statutes and my rules…lest the land vomit you out when you make it unclean, as it vomited out the nation that was before you” (Leviticus 18:26-28).
Now we will hear a lot of bloviating bilge about stare decisis, the notion that prior precedents established by the Supreme Court must be observed. “Precedent” is treated by our friends on the left as if it has some kind of sacred, inviolate status. It doesn’t.
Not even the Supreme Court, if the justices are honest with us, believes stare decisis overrules everything else. We need to look no further than their ruling against compulsory union dues just last week, which overturned a precedent established by the Court in 1977. So much for inviolate precedent.
Even Jake Tapper, who occasionally veers into decent journalism, reminded a guest last Sunday that the Court has, in fact, reversed itself more than 200 times. On the issue of the criminalization of homosexuality, it tossed precedent out the window in 17 years. In 1986 the Court correctly ruled that homosexual conduct can be made a crime. In 2003, the Supremes ruled that it couldn’t.
In 2013, the Court ruled correctly that the definition of marriage was an issue for the states. Then, with dizzying whiplash speed, the Court ruled in 2015 that it wasn’t, and imposed same-sex marriage on the entire country.
There is, in fact, no constitutional right to abortion. This is because, as Antonin Scalia observed, there is no right to abortion in the Constitution. You can read the Constitution from front to back, from back to front, in Sanskrit, or upside down while hanging by your knees and you will not find the word abortion anywhere in the document. That means, according to the Tenth Amendment, that it is an issue the Founders’ Constitution reserves to the states.
It’s important to understand that if Roe is overturned it will not suddenly make abortion illegal. No, it will simply mean that the issue will rest where it has always belonged, with state lawmakers and governors.
Some states surely will protect the slaughter of the unborn. But others will ban abortion because it is infanticide, the murder of an innocent human being in his earliest stage of development. States that value life will ban this horrific and medieval practice. States that value death and bloodshed won’t.
It is time to let the people and not the Court decide who lives and who dies. Those states which choose life will receive the blessing of heaven – “glory, honor, and peace.” Those states which reject life will instead receive “wrath and fury… (and) tribulation and distress” from heaven (Romans 2:8-9).
If the president keeps his promise to choose a justice from the list provided by the Federalist Society (the AFA recommends Amy Coney Barrett) he will almost certainly pick a judge who believes Roe was wrongly decided as a matter of constitutional law. If the new justice honors constitutional principle, in time a new day of life will dawn in America. May it be, Lord.